Delivery Via E-Mail

July 19, 2012

Ms. Lisa Jackson 

Administrator of USEPA 

USEPA Headquarters

12000 Pennsylvania Avenue, N.W.

Mail Code: 1101A 

Washington, DC 20460

RE: ATTENTION DOCKET ID NO. EPA-HQ_OAR-2008-0476.

RESOLUTION OPPOSITION WITH REQUEST FOR RECONSIDERATION AND 

CALL FOR CONGRESSIONAL INTERVENTION IN THE MATTER OF WISE 

COUNTY, TEXAS BEING DESIGNATED AS MEMBER OF DALLAS-FORT WORTH 

(DFW) AREA NAAQS 2012 EIGHT HOUR OZONE NONATTAINMENT AREA.

Administrator Jackson:

On behalf of TXI Operations, LP, please accept this letter as official notice of request for re-review and 

reconsideration of your Conclusion Decision to add Wise County to the DFW Area nonattainment 

designation.

TXI Operations, LP, has been a part of Wise County for close to sixty years, as we have been operating our 

Bridgeport Stone Plant there since 1953. As a member of this community, we are troubled with the lack of 

scientific basis with which the EPA has determined to designate Wise County as part of the DFW 

nonattainment area.

TXI supports the shared position of the Texas Commission on Environmental Quality (TCEQ) and Wise 

County that this county should not be included in the DFW nonattainment area. TCEQ has already 

recommended to EPA that Wise County should not be designated as part of this nonattainment area and 

has demonstrated that EPA’s assessment was conducted with factors that were erroneous and did not 

include revised TCEQ data or corrections. Additionally, it is important to note that there are no air 

monitoring stations within Wise County, and that part of the EPA’s basis for including Wise County in the 

nonattainment area was data collected from air monitoring equipment in a neighboring county which is 

prevailingly upwind of Wise.

By EPA’s own data, Wise County’s population, total VOC and NOx emissions, and annual vehicle miles 

travelled all pale in comparison to the totals of those figures within the existing DFW nonattainment area. 

Further, prevailing winds in the region are from the east and south, which means that Wise County is usually 

downwind of any emissions from the area, not generally a contributor. It cannot be over-emphasized that 

including Wise County as part of the DFW nonattainment area would impose significant undue economic 

consequences upon the citizens and businesses of Wise County. A designation with such significant 

economic ramifications should not be issued lightly, or with such a great degree of doubt regarding the 

foundation of the reason and basis for the decision. If Wise County were included by EPA as part of the
DFW nonattainment area, TXI is certain that the EPA would hold the county to a much higher burden of 

proof for a demonstration of attainment than that to which EPA is currently holding itself.

For these reasons, and for the reasons previously posited by both TCEQ and Wise County, TXI strongly 

asserts that Wise County should not be a part of the DFW nonattainment area, that the data is insufficient 

to reach the current conclusion and that EPA re-review and reconsider this Conclusion Decision.

Respectfully,

David Perkins

Vice President

Environmental, Government and Public Affairs

TXI Operations, LP

cc: Jackson.lisa@Epa.gov

McCarthy.gina@Epa.gov

Coleman.sam@Epa.gov

Edlund.carl@Epa.gov

Donaldson.guy@Epa.gov

Kay.granger@mail.house.gov

John_cornyn@cornyn.senate.gov

Chance.McNeely@mail.house.gov

Tate.reid@mail.house.gov

tschirmer@gov.state.tx.us

Greg.abbott@txattorneygeneral.gov

Craig.estes@senate.state.tx.us

Dianne.helms@senate.state.tx.us

Caleb.troxclair@house.state.tx.us

Phil.king@house.state.tx.us

Bryan.shaw@tceq.texas.gov

Zak.covar@tceq.texas.gov

Steve.hagle@tceq.texas.gov

Donna.huff@tceq.texas.gov

David.brymer@tceq.texas.gov

meastland@nctcog.org

bill.mcelhaney@co.wise.tx.us

kmccomis@cityofbridgeport.net

bemmons@cityofbridgeport.net

wmyers@bridgeportedc.com
EPA Officials

Lisa Jackson, Administrator

USEPA Headquarters

Ariel Rios Building

1200 Pennsylvania Avenue, N. W. 

Mail Code: 1101A

Washington, DC 20460

Jackson.lisa@Epa.gov

Gina McCarthy, Assistant Administrator

USEPA Headquarters

Ariel Rios Building

1200 Pennsylvania Avenue, N. W. 

Mail Code: 6101A

Washington, DC 20460

McCarthy.gina@Epa.gov

Sam Coleman, Regional Administrator

USEPA REGION 6

1445 Ross Avenue

Suite 1200

Mail Code: 6RA

Dallas, TX 75202-2733

Coleman.sam@Epa.gov

Carl Edlund

USEPA REGION 6

1445 Ross Avenue

Suite 1200

Mail Code: 6PD

Dallas, TX 75202-2733

Edlund.carl@Epa.gov

Guy Donaldson

USEPA REGION 6

1445 Ross Avenue

Suite 1200

Mail Code: 6PD

Dallas, TX 75202-2733

Donaldson.guy@Epa.gov

United States Congress

The Honorable Kay Bailey Hutchison

United States Senate

284 Russell Senate Office Building

Washington, D.C. 20510-4302

Kay.granger@mail.house.gov

The Honorable Kay Bailey Hutchison

United States Senate

10440 North Central Expressway, Suite

1160

Dallas, TX 75231-2231

The Honorable John Cornyn

United States Senate

517 Hart Senate Office Building

Washington, D.C. 20510-4304

John_cornyn@cornyn.senate.gov

The Honorable John Cornyn

United States Senate

5001 Spring Valley Road, Suite 1125 E 

Dallas, TX 75244

The Honorable Kay Granger

United States House of Representatives

320 Cannon House Office Building

Washington, D.C. 20515-4312

Chance.McNeeley@mail.house.gov

The Honorable Kay Granger

United States House of Representatives

1701 River Run Road Suite 407

Fort Worth, TX 76107

Tate.reid@mail.house.gov

Texas Elected Officials

The Honorable Rick Perry 

Governor, State of Texas 

Office of the Governor 

PO Box 12428

Austin, TX 78711-2428 

tschirmer@gov.state.tx.us

The Honorable Greg Abbott

Attorney General for the State of Texas

PO Box 12548

Austin, TX 78711-2548

Greg.abbott@txattorneygeneral.gov

Senator Craig Estes 

Sen. Craig L. Estes 

Capitol Office

P.O. Box 12068

Austin, TX 78711-2068

Sen. Craig L. Estes

2525 Kell Boulevard

Wichita Falls, TX 76308

Craig.estes@senate.state.tx.us

Sen. Craig L. Estes

Attn: Dianne Helms

4401 N. I35 #202

Denton, TX 76207

Dianne.helms@senate.state.tx.us

Representative Phil King 

Attn: Caleb Troxclair 

Room CAP 1N.7, Capitol 

P.O. Box 2910

Austin, TX 78768

Caleb.troxclair@house.state.tx.us

Representative Phil King

2110 Fort Worth Hwy. 

Weatherford, TX 76086

Phil.king@house.state.tx.us

Texas Agency Officials

Bryan W. Shaw, Ph.D. 

Chairman

Texas Commission on Environmental Quality

MC 100

PO Box 13087

Austin, TX 78711

Bryan.shaw@tceq.texas.gov

Zak Covar, Executive Director

Texas Commission on Environmental Quality

MC 109

PO Box 13087

Austin, TX 78711

Zak.covar@tceq.texas.gov

Steve Hagle, P.E., Deputy Director

Texas Commission on Environmental Quality

MC 122

PO Box 13087

Austin, TX 78711

Steve.hagle@tceq.texas.gov

Donna Huff, Manager

Air Quality Planning Section

Texas Commission on Environmental Quality

MC 206

PO Box 13087

Austin, TX 78711

Donna.huff@tceq.texas.gov

David Brymer, Director

Air Quality Division

Texas Commission on Environmental Quality

MC 206

PO Box 13087

Austin, TX 78711

David.brymer@tceq.texas.gov

Mike Eastland, Executive Director

North Central Texas Council of Governments

616 Six Flags Drive 

Arlington, TX 76011

meastland@nctcog.org